Rochester Regional Health
MyCare Terms and Conditions of Use

Rochester Regional Health is pleased to make available to you on-line access to portions of your medical record through the MyCare web portal. By accessing MyCare, you agree to the following Terms and Conditions, as the same may be modified, amended or replaced from time to time.

1. Security and Usage Guidelines for MyCare

MyCare is an Internet-based environment through which you may receive certain confidential medical information about yourself, perform certain self-service functions and send and receive secure messages to or from certain Affiliates of Rochester Regional Health and other community providers participating in the Care Connect program (collectively, the "Health Care Providers"). NEVER SEND ANY MESSAGES REQUIRING URGENT OR EMERGENCY ATTENTION USING MYCARE. FOR ALL URGENT OR EMERGENCY MEDICAL MATTERS, IMMEDIATELY CONTACT YOUR HEALTH CARE PROVIDER’S OFFICE BY PHONE, GO TO AN EMERGENCY ROOM, OR CALL 911. All of your Health Care Providers will be notified when you request a MyCare account. You will then receive the personal health information that is released by your Health Care Providers in your personal MyCare account.

Do not share your MyCare ID, password or password hint with anyone. The individual MyCare ID and password you choose when you first log-on to MyCare are the keys to protecting the confidentiality of your information. You are responsible for preventing disclosure of your MyCare ID, password and password hint. The Health Care Providers are not liable for any damages that results from your failure to keep this information secure. You can change your password and password hint at any time and should change your password if you feel that your security has been compromised. Your MyCare ID and password are unique codes that identify you in the MyCare computer system. Inquiries that you make via MyCare will be logged with your identity.

Once you have activated your MyCare account, MyCare will become the primary vehicle through which you will receive important messages from your physician and selected test results and other personal medical information. At your option, you may also continue to receive communications via the United States Postal Service or other reasonable means agreed to by your Health Care Providers.

You are required to provide us with your personal email address when activating your MyCare account and to keep your email address current at all times. No confidential information will be sent to your email, but you will receive email notification whenever a Health Care Provider sends you a message and when a new result has been released to your MyCare account. You also may receive other important email notices and messages from time to time from the MyCare team. You understand that this means that any person with access to the email address you designate in MyCare may see these notifications and messages. Depending on the email account you designate, this may include your employer, your spouse or anyone else able to access your account.

You have the option to access your MyCare account using the MyCare App, available for Android and Apple devices. Use of the MyCare App will be governed by the terms and conditions of the End User License Agreement for such App as well as these Terms and Conditions of Use. The MyCare App includes variations of many of the core features of the web-based version of MyCare, however, there are certain features that can only be accessed through the web-based version of MyCare. Any person wishing to access MyCare through the MyCare App will need to first set up an account using the web-based MyCare.

2. Your Responsibilities

By accessing or using MyCare, you agree to be bound by all these Terms and Conditions. It is important to review these Terms and Conditions periodically because they may be modified at any time. You agree to be bound by any and all such modifications as of the time that they are posted. You agree that MyCare is a communication service offered as a convenience to patients of the Health Care Providers. You are solely responsible for any sharing of MyCare content that you intentionally or unintentionally communicate to others.

Messages you send via MyCare may be routed to personnel other than the Health Care Provider to whom the message was sent. Therefore, use of MyCare may not be appropriate if there is sensitive information that you would only wish to discuss directly with your provider. Messages you send via MyCare may be made part of your permanent medical record and will be accessible to current and future medical providers who are involved with your care.

You will not post any offensive or abusive material on the MyCare site or send any abusive or offensive messages through MyCare.

You understand that the electronic record from which the information in MyCare is generated and the information in MyCare is the property of the Health Care Providers. MyCare will not include your entire medical record. Posting medical information in your MyCare account is done at the sole discretion of your individual Health Care Providers. You must contact the appropriate Health Care Provider if you believe there is an error in the medical information listed in MyCare.

3. Discontinuing Use of MyCare

You may discontinue your use of MyCare at any time by contacting Rochester Regional Health via mycare@rochesterregional.org or your Health Care Provider through which you signed up for MyCare.

Your use of MyCare may be discontinued at any time for any reason or no reason. Without limiting the foregoing, your use of MyCare will be discontinued if you have violated these Terms and Conditions or you have abused or misused MyCare. If your use of MyCare has been discontinued, reasonable efforts will be made to notify you of the discontinuance.

The discontinuance of your MyCare access, or the failure to include any information in MyCare, does not constitute a denial of access to your health care information. If your MyCare access is terminated or information you wish to access is not included in MyCare, you have the right to request your health information from your Health Care Providers in writing in accordance with New York Law.

4. Minor Eligibility

An individual must be 12 years or older to request access to health information in MyCare. Parents or guardians of children under 12 may request proxy access to the child's health information through MyCare by following the terms outlined in the "Proxy Access" section of these Terms and Conditions. Patients ages 12 to 17, may have their own MyCare account, but must first discuss the implications and use of MyCare with their Health Care Provider before an account is created.

5. Proxy Access

You may request proxy access to a minor's (under the age of 12) or incompetent's health information through MyCare by completing the appropriate Proxy Access form and submitting it to a Health Care Provider of whom the minor or incompetent is a patient. Such access may be granted to individuals who are a parent, guardian, or healthcare proxy of or for the minor or incompetent patient, as defined under applicable law. If the proxy's legal relationship with the minor or incompetent patient changes, the proxy must inform the appropriate Health Care Provider(s) immediately and proxy access may be discontinued based on this change of relationship. Your proxy access to the health information of a minor through MyCare will be automatically terminated on the minor's twelfth (12th) birthday.

Proxy access to a minor, 12 to 17 years old, may be re-established in a limited capacity by completing the appropriate Proxy Access form. The proxy of this patient will be limited to certain types of medical information in accordance with New York State and Federal law. Your limited proxy access will be automatically terminated on the minor's eighteenth (18th) birthday.

You may request proxy access to another adult's or an emancipated minor's health information through MyCare by completing the appropriate Proxy Access form and submitting it to a Health Care Provider. Both the requesting adult and the person whose health information will be accessed will be required to sign this Proxy Access form.

The failure to grant, or the discontinuance of, your MyCare proxy access, or the failure to include any information in MyCare, does not constitute a denial of access to health care information. If your MyCare proxy access is not granted or is terminated or information you wish to access is not included in MyCare, you have the right to request in writing from the Health Care Providers health information which you are legally entitled to access in accordance with New York Law.

6. Copyright and Trademarks

All content included in MyCare, including but not limited to text, photographs, graphics, icons, images, artwork, names, logos, trademarks, service marks and data (the "Content") in any form including the compilation thereof, are protected by United States and international copyright law and conventions. The Content includes both Content owned or controlled by Rochester Regional Health and the Health Care Providers as well as Content owned or controlled by third parties and licensed to Rochester Regional Health. Except as set forth below, direct or indirect reproduction of the Content, in whole or in part, by any means, is prohibited without the express written consent of Rochester Regional Health.

The words "Rochester Regional Health" and its associated corporate logos are the trademarks and service marks of Rochester Regional Health. All other trademarks, service marks and logos used on the MyCare web-site, including but not limited to "Epic", are the trademarks, service marks and logos of their respective owners. You are prohibited from using any trademark, service mark or logo displayed on the MyCare web-site without the express permission of Rochester Regional Health or the third party that owns the trademark, service mark or logo.

7. Site Access and Licenses

Rochester Regional Health grants to you a limited license to use the MyCare web-site and the associated services in accordance with these Terms and Conditions. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the web-site and the associated services, making any derivative of the web-site or the associated services, and the collection and use of user email addresses or other user information, including, without limitation, health information or any data extraction or data mining whatsoever. Through this license, you may be able to upload or query third party data into MyCare or download limited medical information from MyCare to select third party sites.

8. Security and Confidentiality

When using MyCare, information will be transmitted over a medium that is beyond the control of Rochester Regional Health or the Health Care Providers. YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS SERVICE.

9. Links to Third Party Sites

The MyCare web-site may contain links to web-sites operated by third parties. The links are provided for your convenience only. Neither Rochester Regional Health nor the Health Care Providers control or endorse the information on such web-sites nor are they responsible for the content and performance of these sites. Neither Rochester Regional Health nor the Health Care Providers operate, control, or endorse any information, products, or services provided by third parties through the Internet. Use of other sites is strictly at your own risk including, but not limited to, any risks associated with destructive viruses.

10. No Warranties; Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER ANY APPLICABLE LAW, RULE OR REGULATION, ROCHESTER REGIONAL HEALTH AND EACH OF THE HEALTH CARE PROVIDERS ARE PROVIDING THE MYCARE SERVICES AND THE INFORMATION CONTAINED THEREIN "AS IS" AND WITHOUT REPRESENTATION OR WARRANTY, AND HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ANY WARRANTY THAT AVAILABILITY OR OPERATION WILL BE UNINTERRUPTED OR ERROR FREE, AND/OR ANY WARRANTY TO PROVIDE ADEQUATE TECHNICAL SUPPORT.

To the fullest extent permitted by law, neither Rochester Regional Health nor any of the Health Care Providers shall be liable under any circumstances for special, indirect, incidental, punitive or consequential damages that you may incur as a result of Rochester Regional Health's or any of the Health Care Providers' actions or omissions, even if they were aware of the possibility for such damages. In no circumstance shall Rochester Regional Health or any of the Health Care Providers be liable to you for any act or failure to act by any third party. If you are dissatisfied with MyCare or these Terms and Conditions, your sole and exclusive remedy is to terminate your access to MyCare. If any portion of the foregoing limitation is found to be void or unenforceable, the aggregate liability of Rochester Regional Health and the Health Care Providers to you for any damages resulting from or relating to the use of MyCare shall be limited to $100.00.

11. Surveys

You understand that from time to time you may be asked to complete patient satisfaction surveys via MyCare. Rochester Regional Health or the Health Care Providers may analyze such information submitted via MyCare as part of descriptive (demographic) studies and reports. In such cases, all of your personal identifying information will be removed.

12. Release of Information Request

You hereby authorize the Health Care Providers to release your personal health information to you via MyCare. You understand that state law may restrict what type of information the Health Care Providers may release to you. You understand that access to your health information is for your use only, and that you may contact the Health Care Providers for a more detailed explanation of information on MyCare, including but not limited to laboratory tests received via MyCare. You understand that you may revoke this authorization at any time in writing in which case your access to MyCare will be terminated.

13. Governing Law; Venue

These Terms and Conditions shall be governed by and construed under the laws of the State of New York, without reference to the conflict of laws principles thereof. The parties hereby irrevocably agree that all actions or proceedings in any way, manner or respect arising out of or from or related to these Terms and Conditions or the services referenced herein shall be litigated only in courts having situs within Monroe County, New York. You may not assign any of your rights or obligations under these terms and conditions to any third party without the express prior written consent of Rochester Regional Health. Any attempted assignment in violation hereof shall be null and void and of no effect whatsoever. In connection therewith, the parties hereby consent and submit to the jurisdiction of any local, state or federal court located within said county and state and hereby waive any right the parties may have to transfer or change the venue of any such litigation.

14. Miscellaneous

If any provision of these Terms of and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this agreement shall remain in full force and effect. You cannot transfer your rights or obligations under the Terms and Conditions to anyone without the prior written consent of Rochester Regional Health. The failure by Rochester Regional Health to enforce any provision of these Terms and Conditions does not waive Rochester Regional Health's right to enforce the same provision in the future. Any headings contained in these Terms and Conditions are for informational purposes only, but are not, themselves, enforceable provisions of these Terms and Conditions.

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